NEC Baby Formula Side Effects

What Are the Baby Formula Side Effects Listed in the NEC Lawsuits?

Parents of premature infants are filing lawsuits and joining a mass tort after their newborns developed serious gastrointestinal complications after being fed specific baby formulas. Generally, hospital staff gave babies these formulas or fortifiers while they were receiving treatment in the neonatal intensive care unit or another critical care ward. 

The reported conditions included in these lawsuits include: 

NEC: Necrotizing Enterocolitis

Necrotizing enterocolitis is an inflammation of the intestines that is most common in low-birth-weight babies. This inflammation is tied to a bacterial infection that leads to necrosis of the tissues in the lower digestive tract. These babies can suffer intestinal perforation, peritonitis, and death. 

According to the MSD Manual, less than 25 percent of these babies require surgery to stop NEC progression and repair damage. This surgery could remove the diseased bowel, treat the perforation, and create an enterostomy to aid defecation until the bowel has healed.

Other Serious Gastrointestinal Diagnoses

Other gastrointestinal infections and conditions could occur besides NEC. Premature babies often have underdeveloped digestive systems and could lack many of the gut biomes humans typically have. This could increase the risk of other infections and require surgical repair like that used for NEC. 

SBS: Short Bowel Syndrome 

Short bowel syndrome usually occurs after surgery to remove parts of the intestines. This could lead to a condition where the body cannot absorb all the necessary nutrients since the small intestines do this job during digestion. This can lead to failure to thrive, issues with growth and development, and more.  

What Is the Long-Term Outlook for Babies With NEC, SBS, and Other Infections?

According to the National Center for Biotechnology Information, NEC is a life-threatening condition with a mortality rate as high as 50 percent. It is most common—and almost exclusively—seen in premature infants, those with low fetal birth weight, or those who did not develop fully during gestation. 

How NEC survivors do long-term depends on many factors. Some babies recover without surgery and have no lasting effects from the infection. Others have lifelong complications and side effects that could contribute to serious or fatal concerns even decades later. 

Some neonates who receive an NEC diagnosis and require surgery develop short bowel syndrome or neurodevelopmental concerns.

How Does Short Bowel Syndrome Affect Sufferers?

Short bowel syndrome creates lifelong health concerns that require careful monitoring and management. Those living with SBS often struggle with chronic diarrhea and side effects such as dehydration, malnutrition, and difficulty gaining weight. This can cause several other issues, resulting in a diminished quality of life. 

SBS is complex to treat and manage, according to the National Organization for Rare Disorders. Some people who live with SBS pass away from common illnesses that make it more likely they will become dehydrated or malnourished, such as stomach viruses or the flu. 

Research Ties NEC Diagnoses to Feeding Newborns Certain Types of Baby Formula

Research into the link between NEC and other gastrointestinal issues and certain types of baby formula indicates that formulas based on bovine milk could increase the risk of NEC. According to the study published in Advances in Nutrition, at the very least, it is clear that there is a higher incidence of NEC in neonates fed this type of formula or fortifiers versus preterm infants who only receive human milk. 

Even when the mother’s milk or a donor’s human milk is used for low birth weight or premature babies, many hospitals supplement with bovine milk-based preterm formulas or fortifiers. This can help babies gain weight and strength, but NEC and other gastrointestinal concerns could be a side effect, according to the lawsuits. 

Premature babies often have underdeveloped body systems, including gastrointestinal and immune systems. This also plays a role in the development of necrotizing enterocolitis and the severity of the condition. NEC is rarely seen outside of very low birth weight premature newborns. 

Why Is the NEC Baby Formula Lawsuit Important? 

NEC is difficult, invasive, and expensive to treat in these tiny babies. According to the study published in Advances in Nutrition, babies who received an NEC diagnosis and required surgery averaged medical bills of more than $300,000 in 2017. This could be much higher today if current costs were available.

Babies who have NEC or other gastrointestinal infections that cause damage to their digestive system can suffer life-long consequences, including short bowel syndrome. Their parents will spend many hours ensuring they make it to their doctor’s appointments, get the water and nutrients they need, and meet all the necessary growth milestones. 

Managing a chronic gastrointestinal injury for the rest of their lives is frustrating, time-consuming, and expensive. The NEC baby formula lawsuit allows parents to hold formula manufacturers accountable and recover money to pay for their child’s NEC side effects, complications, and care.

Who Can File a Lawsuit Based on Their Child’s NEC Baby Formula Side Effects?

The ongoing baby formula mass tort is based on premature and low birth weight babies who received certain types of formula or fortifiers and then developed NEC or other gastrointestinal conditions and side effects. If your child was born in 2007 or later and delivered between 23 and 36 weeks of gestation, you could have a case. 

You will also need documentation that your child was given a cow’s milk-based formula or fortifier and later diagnosed with one of the following: 

• Necrotizing enterocolitis (NEC)
• Another gastrointestinal infection or condition that requires surgical removal of some of the intestines
• Short bowel syndrome (SBS)

If you believe your child’s experience meets all these conditions, your family may qualify to participate in MDL 3026 IN RE: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation. This is the mass tort against the baby formula manufacturers. 

This multidistrict litigation is proceeding quickly. Consolidated in April 2022, the parties have selected four cases to serve as bellwether trials, the first of which will likely begin in 2025. Pretrial motions and discovery continue in this case.    

There is still time to join the mass tort if your child suffered serious injuries or side effects because of dangerous or defective baby formula. More parties join MDL 3026 each month. 

What Should I Do If My Baby Suffered NEC Baby Formula Side Effects?

If your baby has an NEC diagnosis and is living with side effects from this type of infection, it may be possible for your family to recover money to manage their chronic condition and help them recover as fully as possible. You can learn more by calling our team today to discuss the specific details of your case. 

You should request a copy of your child’s medical records and gather other documentation you have of their care for treating NEC and managing any side effects. This will prove critical to support your legal case and compensation since it should show where they: 

• Received one of the formulas in question
• Suffered NEC
• Endured surgery
• Suffered NEC side effects, possibly including SBS

Working with an NEC infant formula lawsuit lawyer on your case is ideal. They are the best resource for navigating the mass tort process and recovering the money you need and deserve.

Your lawyer can prepare and file a lawsuit in the correct jurisdiction or direct file, which is available in this mass tort. This provides a quick and easy way to join MDL 3026. If you want to take your case to trial later, you can still do so in your original court.